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Real Estate Contract
I need a real estate contract for the purchase of a residential property in Ontario, including clauses for a home inspection contingency, financing contingency, and a closing date within 60 days. The contract should also specify the inclusion of all existing appliances and a deposit of 5% of the purchase price.
What is a Real Estate Contract?
A Real Estate Contract is a legally binding agreement that spells out the terms of buying, selling, or transferring property in Canada. It includes essential details like the purchase price, property description, closing date, and any conditions that must be met before the sale goes through.
Under Canadian property law, these contracts must be in writing and contain specific elements to be valid - including signatures from all parties, clear identification of the property, and the agreed-upon price. The contract also typically covers important items like deposit amounts, financing conditions, home inspection requirements, and what fixtures or appliances are included in the sale.
When should you use a Real Estate Contract?
You need a Real Estate Contract any time you're buying, selling, or transferring property ownership in Canada. This includes purchasing a new home, selling commercial real estate, or transferring property rights between family members. The contract protects both parties by clearly documenting the terms of the deal.
Time-sensitive situations also demand these contracts - like making an offer on a property with multiple bidders, securing financing from a lender, or meeting closing deadlines. Canadian law requires having this written agreement in place before any money changes hands or property ownership transfers, making it an essential first step in real estate transactions.
What are the different types of Real Estate Contract?
- Purchase And Sale Agreement: The most comprehensive contract type, covering all aspects of property transfers between buyers and sellers
- Commercial Property Lease Agreement: Specialized for business tenants, including terms for commercial use and maintenance
- Home Purchase Agreement: Focused on residential property sales, including home-specific conditions and inspections
- Real Estate Purchase Agreement: A general-purpose contract for any property type, with customizable terms
- Residential Property Lease Agreement: Designed for residential rental situations, protecting both landlord and tenant rights
Who should typically use a Real Estate Contract?
- Property Buyers and Sellers: The main parties who sign Real Estate Contracts and are legally bound by their terms
- Real Estate Agents: Help draft and negotiate contracts, ensuring their clients' interests are protected
- Real Estate Lawyers: Review and finalize contracts, conduct title searches, and handle the legal aspects of property transfers
- Property Developers: Use contracts for new construction sales and pre-construction agreements
- Mortgage Lenders: Review contracts to ensure their security interests are protected before providing financing
- Title Insurance Companies: Rely on contracts to assess and insure against title risks
How do you write a Real Estate Contract?
- Property Details: Gather complete legal description, address, and property identification number from land registry
- Party Information: Collect full legal names, addresses, and contact details of all buyers and sellers
- Price Terms: Document purchase price, deposit amount, and payment schedule
- Key Dates: Set closing date, inspection periods, and condition removal deadlines
- Property Inclusions: List all fixtures, appliances, and items included in the sale
- Special Conditions: Note financing requirements, inspection needs, or property-specific concerns
- Document Generation: Use our platform to create a legally-sound contract that meets all Canadian requirements
What should be included in a Real Estate Contract?
- Identification of Parties: Full legal names and addresses of all buyers, sellers, and their representatives
- Property Description: Detailed legal description and municipal address of the property
- Purchase Price: Clear statement of price, deposit terms, and payment schedule
- Conditions Precedent: Any financing, inspection, or other requirements that must be met
- Closing Details: Specific date and location for completing the transaction
- Property Inclusions/Exclusions: List of items included or excluded from the sale
- Signatures: Dated signatures of all parties, properly witnessed
- Governing Law: Statement that the contract is governed by Canadian provincial laws
What's the difference between a Real Estate Contract and a Real Estate Purchase Agreement?
A Real Estate Contract differs significantly from a Real Estate Purchase Agreement in several key ways, though they're often confused. While both deal with property transactions, understanding their distinct purposes helps choose the right document for your situation.
- Scope and Flexibility: Real Estate Contracts are broader, covering various property transactions including leases, easements, and development agreements, while Purchase Agreements focus specifically on buying and selling property
- Timing of Use: Real Estate Contracts can be used at any stage of a property transaction, whereas Purchase Agreements come into play only when there's a specific sale in progress
- Required Elements: Purchase Agreements must include specific price terms and closing conditions, while Real Estate Contracts can be more flexible in their terms depending on the transaction type
- Legal Requirements: Purchase Agreements have stricter formatting requirements under Canadian provincial laws, while Real Estate Contracts can vary more in structure based on their purpose
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